Delhi

East Delhi

CC/1139/2014

SHOBAN SINGH - Complainant(s)

Versus

MD SAMIAH BUILDERS - Opp.Party(s)

31 Aug 2017

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM (EAST)

GOVT. OF NCT OF DELHI

CONVENIENT SHOPPING CENTRE, FIRST FLOOR,

SAINI ENCLAVE, DELHI – 110 092

 

C.C. NO.  1139/14

 

Shri Shobban Singh Bisht

S/o Shri Kedar Singh Bisht

R/o C-1-153, Muskan Apartment

Sector-17, Rohini, Delhi – 110 086                                        ….Complainant

 

Vs.

 

1. Managing Director

Samiah International Builders Pvt. Ltd.

F-6, DDA Commercial Complex

Main Drive, Vasundhara Enclave

Delhi – 110 096

 

2. The Director

Samiah International Builders Pvt. Ltd.

F-6, DDA Commercial Complex

Main Drive, Vasundhara Enclave

Delhi – 110 096                                                                …Opponents

 

Date of Institution: 02.01.2015

Judgment Reserved on: 31.08.2017

Judgment Passed on: 31.08.2017

CORUM:

Sh. Sukhdev Singh (President)

Dr. P.N. Tiwari  (Member)

 

Order By : Sh. Sukhdev Singh (President)

 

JUDGEMENT

          This complaint has been filed by Shri Sobban Singh Bisht against the Managing Director, Samiah International Builders Pvt. Ltd. (OP-1) and Director, Samiah International Builders Pvt. Ltd. (OP-2), under Section 12 of the Consumer Protection Act, 1986. 

2.       The facts in brief are that the complainant Shobban Singh Bisht booked a flat in Samiah Lake City vide application no. ST 1114 dated 08.10.2011 pursuant where to complainant was allotted flat no. R/5/502/G on ground floor Type Gulmohar IV of area 452 sq. ft./41.99 sq. meters under Time Link Plan in the township being developed at Samiah Lake City, Kashipur Road, Rudrapur, Uttrakhand.  The total cost of the flat was Rs. 5,35,000/-.  The possession of the flat was to be handed over to the complainant within 18 months of the booking of the flat.  The complainant paid an amount of Rs. 4,67,000/- vide receipt no. 10375 dated 10.10.2011. 

          The complainant made enquiries about the handing over possession of flat, but did not get any communication from OP.  When he reached at the project site of Samiah Lake City, he was shocked to know that the construction of the project has not even commenced.  When the complainant reported this to the company, he was assured that the construction would commence soon and he will be handed over the possession of the booked flat. 

          Again, after a period of 2 months, when the complainant visited the site, he noticed that construction work has not yet started.  He again approached the OP for refund of money, which was refused by them.  Even, he gave a legal notice of dated 25.07.2014, which was not replied.  Thus, the complainant have stated that this amounts to deficiency in service on the part of OP.  Due to this, he has also stated to have suffered mental pain and agony.  Hence, he has claimed an amount of Rs. 4,67,000/- with 24% interest; Rs. 20,000/- as compensation for mental and physical harassment and               Rs. 11,000/- as cost of litigation.

3.       In the reply, filed on behalf of Samiah International Builders Pvt. Ltd. (OP), they have taken the plea that this Forum was not having jurisdiction and the complainant have irregularly made a payment of Rs. 4,67,000/- out of Rs. 5,35,000/-.  They have denied other facts.

4.       The complainant has filed rejoinder to the WS of OPs, wherein he has controverted the pleas taken in the WS and reasserted his pleas.

5.       In support of its complaint, complainant have examined himself.  He has deposed on affidavit and have narrated the facts stated in the complaint.  He has also got exhibited documents such as letter of allotment (Ex.CW1/A), demand letter (Ex.CW1/B), letter showing the cost of flat (Ex.CW1/C), payment receipts (Ex.CW1/D-1 to D-5), legal notice (Ex.CW1/E) and postal receipts (Ex.CW1/F & 1/G).

          No evidence has been produced on behalf of Samiah International Builders Pvt. Ltd. (OPs).

6.       We have heard Ld. Counsel for complainant and have perused the material placed on record.  The only plea, which has been taken on behalf of Samiah International Builders Pvt. Ltd. (OPs) has been with regard to jurisdiction.  If a look is made to the allotment letter (Ex.CW1/A) and demand letter (Ex.CW1/B), it is noticed that the company was having its registered office at Vasundhara Enclave, Delhi.  The fact that the company was having its registered office at Vasundhara Enclave, Delhi, within the jurisdiction of this Forum, the plea in respect of jurisdiction cannot be entertained.  Therefore the said plea stands rejected.

          Further, from the documents exhibited in the testimony of the complainant, it is evident that the complainant have booked a flat for which he made a payment of Rs. 4,67,000/-, which has been admitted by Samiah International Builders Pvt. Ltd. (OP) in their WS.  The fact that they have admitted the payment of Rs. 4,67,000/- and have failed to deliver the possession of the flat within the stipulated period, certainly, there has been deficiency on the part of Samiah International Builders Pvt. Ltd. (OPs).

          When there has been deficiency on the part of Samiah International Builders Pvt. Ltd. (OPs), evidently, the complainant have suffered mental pain and agony due to delay in delivery of possession of flat, which was booked by the complainant.  When the possession of the flat have not been given to the complainant, the complainant was certainly entitled for refund of his amount amounting to            Rs. 4,67,000/- alongwith compensation. 

          It is, therefore, ordered that Samiah International Builders Pvt. Ltd. (OPs) shall refund an amount of Rs. 4,67,000/- to the complainant with 9% interest from January, 2014 alongwith compensation of Rs. 30,000/-, which includes the cost of litigation. 

          This order be complied within a period of 45 days, if not complied, the awarded amount of compensation of Rs. 30,000/- shall also carry 9% interest from the date of order.     

          Copy of the order be supplied to the parties as per rules.

          File be consigned to Record Room.

 

(DR. P.N. TIWARI)                                                             (SUKHDEV SINGH)

     Member                                                                                   President